DAVID AUBREY BARBER vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: July 1, 2022
• Docket: 22-0052
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED DAVID AUBREY BARBER,

Appellant, Case No. 5D22-0052 v. LT Case No. 2019-CF-000447-A

STATE OF FLORIDA,

Appellee. _____________________________/

Opinion filed July 1, 2022

Appeal from the Circuit Court for Seminole County, Donna L. Mcintosh, Judge.

Matthew J. Metz, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

WOZNIAK, J.

1 In this Anders 1 appeal, we affirm the judgment and sentence imposed

following the trial court’s finding that Appellant violated provisions of his

community control. However, we remand this matter with instructions to the

trial court to enter a written revocation order that conforms to the court’s oral

pronouncement of the specific conditions of community control that Appellant

violated and to enter a corrected sentencing order that reflects the orally

pronounced jail credit of 193 days. See, e.g., Roberts v. State, 252 So. 3d

424 (Fla. 5th DCA 2018) (affirming Anders appeal but remanding for

correction of scrivener’s error in sentencing order); Patt v. State, 876 So. 2d

1278 (Fla. 5th DCA 2004) (affirming revocation of community control and

remanding for entry of order reflecting orally pronounced findings of

conditions violated).

AFFIRMED and REMANDED with instructions.

LAMBERT, C.J., and SASSO, J., concur.

1 Anders v. California, 386 U.S. 738 (1967).